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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 17. BUSINESS, OCCUPATIONS, AND PROFESSIONALS |
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Chapter 17-87. CERTIFIED ADDICTION COUNSELOR I AND II |
Section 17-8716. STANDARDS OF CONDUCT
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8716.1 A person who is certified in the District of Columbia solely as an addiction counselor I or II and is either not licensed to practice medicine, psychology, or professional counseling pursuant to D.C. Official § 3-1205.01, or not licensed as an advanced practice registered nurse pursuant to D.C. Official Code
§ 3-1206.01, or not licensed as an independent clinical social worker pursuant to D.C. Official Code § 3-1208.04, shall not perform psychotherapy or engage in the diagnosis or treatment of other mental health disorders.
8716.2 A certified addiction counselor I or II shall adhere to standards set forth in the Code of Ethics as published from time to time by the NAADAC.
8716.3 A certified addiction counselor I or II shall maintain confidentiality about a matter in which the client has utilized the services of the addiction counselor in a professional capacity. This section shall not apply to:
(a) A case conference with other mental health professionals employed at the treatment facility, or to other participating providers, when and to the extent necessary to facilitate the delivery of professional services to the client;(b) A case in which the client authorized in writing the addiction counselor I or II to reveal a communication;
(c)A case where an immediate threat of serious physical harm to an identifiable victim is communicated to the addiction counselor I or II by a client or where there is a bona fide emergency;
(d) Evidence in criminal cases where the accused is charged with causing the death of, or inflicting injuries upon, a human being, and the disclosure is required in the interest of public justice;
(e) Information released pursuant to an order by a court of competent
jurisdiction;
(f) Evidence relating to the mental competency or sanity of a child alleged to be delinquent, neglected, or in need of supervision in any proceeding before the Family Division of the District of Columbia Superior Court or the Department of Youth Rehabilitation Services;
(g) Evidence in criminal or civil cases where a person is alleged to have defrauded the District of Columbia or federal government in relation to receiving or providing services under the District of Columbia medical assistance program authorized by Title 19 of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396, et seq.); and
(h) Proceedings conducted by the Board or the Office of Administrative Hearings, where the disclosure of confidential communications is necessary to defend against charges that the addiction counselor I or II has violated provisions of this chapter or the Act.
8716.4A certified addiction counselor I or II shall make personal reference as an “addiction counselor under the supervision of (name and license number of supervisor)” in all written and oral communications relating to the provision of addiction counseling services.
8716.5 A certified addiction counselor I or II may not engage in, or give the appearance of, practicing independently of the supervisor.
8716.6 A certified addiction counselor I or II shall not discriminate against clients
or professionals based on race, religion, age, gender, disability, national ancestry, sexual orientation, economic condition, or any other protected categories listed by federal or state law.
8716.7 A certified addiction counselor I or II shall be knowledgeable about the existence of any disability which a client has and shall make available physical, sensory, and cognitive accommodations that allow the client with the disability to receive services.
8716.8 A certified addiction counselor I or II who is aware of unethical conduct or unprofessional modes of practice by another registered addiction counselor I or II shall report such inappropriate behavior to the Board.
8716.9 A certified addiction counselor I or II shall not offer services or use
techniques outside of his or her competency.
8716.10 A certified addiction counselor I or II shall seek appropriate treatment if he or she is impaired in any manner that negatively impacts his or her ability to perform counseling duties and shall not provide or offer to provide services until he or she has been deemed fit to practice by the treating health professional.
8716.11 A certified addiction counselor I or II shall comply with all federal and District of Columbia laws governing the practice of addiction counseling.
8716.12 A certified addiction counselor I or II shall not claim, either directly or by
implication, professional qualifications or affiliations that he or she does not possess.
8716.13 The promotion of the protection of the public health, safety, and welfare and the best interest of the client shall be the primary guides of a certified addiction counselor I or II in determining his or her conduct.
8716.14 A certified addiction counselor I or II shall disclose his or her standards of
conduct and responsibilities to all clients.
8716.15 A certified addiction counselor I or II shall terminate a counseling relationship when it is reasonably clear that the client is not benefiting from the relationship and shall take appropriate measures to ensure that that the client is referred to alternative care.
8716.16 A certified addiction counselor I or II shall hold the welfare of the client
paramount when making any decisions or recommendations concerning referral, treatment procedures, or termination of treatment.
8716.17 A certified addiction counselor I or II shall not use or encourage a client’s
participation in a demonstration, research, or other non-treatment activity when such participation would have potential harmful consequences for the client or when the client is not fully informed.
8716.18 A certified addiction counselor I or II shall provide services in an environment that ensures the privacy and safety of the client at all times and ensure the appropriateness of service delivery.
8716.19 If an addiction counselor I or II engages in an activity that may affect the privacy of his or her client, such as the recording of the clinical interview or the use of material for training or observation by another party, the counselor shall provide to the client information in writing regarding the client’s rights regarding confidentially, as part of informing the client about the counseling activity. The counselor shall request the client to sign an acknowledgment attesting to the fact that such information has been provided.
8716.20A certified addiction counselor I or II shall adhere to all federal and District of Columbia laws regarding confidentiality and the counselor’s responsibility to report clinical information in specific circumstances to the appropriate authorities.
8716.21 A certified addiction counselor I or II shall use clinical and other material in teaching or writing only when there is no identifying information used about the clients involved.
8716.22 A certified addiction counselor I or II shall not engage in the following dual relationships:
(a) Counseling a family member, friend, or close associate;
(b) Exploit a relationship with a current or former client for personal gain, including a social or business relationship;
(c)Engage in any type of sexual activity with a current or former client;
(d)Accept as a client anyone with whom they have engaged in sexual activity; or
(e)Negatively exploit relationships with coworkers, employees, student research participants, or volunteers.
8716.23 A certified addiction counselor I or II shall refrain from offering or providing professional services to a client in counseling with another professional, except with the knowledge of the other professional or after the termination of the client’s relationship with the other professional.
8716.24 A certified addiction counselor I or II shall cooperate with duly constituted
professional ethics committees or licensing boards and promptly supply
necessary information unless prohibited by confidentiality laws or regulations or recognized codes of conduct.
8716.25 A certified addiction counselor I or II shall inform each of his or her clients of all financial policies regarding the counseling. The fact that such information has been provided shall be documented in the client’s chart.
8716.26 A certified addiction counselor I or II shall not send or receive a commission or rebate or any other form of remuneration for referral of a client for professional services.
8716.27 A certified addiction counselor I or II shall not accept a private fee for
professional work with a person who is entitled to such services without charge through an institution or agency unless the client is informed of such services and still requests private services.
8716.28A certified addiction counselor I or II shall not practice addiction counseling while using controlled substances, alcohol, or any other chemical agents which impair the ability to practice.
8716.29A certified addiction counselor I or II shall urge chemically impaired colleagues to seek treatment, if possible.
8716.30A certified addiction counselor I or II with first-hand knowledge that a colleague is practicing addiction counseling when impaired by controlled substances, alcohol, or other chemical agents shall report such knowledge to the Board.
8716.31A certified addiction counselor I or II shall not offer or provide to a client
a controlled substance, alcohol, or any other chemical agent.
8716.32A certified addiction counselor I or II who has a mental impairment which affects his or her ability to practice safely, or becomes impaired in anyway that may negatively impact services being provided to a client, shall limit his or her services provided to those determined appropriate in consultation and advice from a qualified mental health professional.